HomeMy WebLinkAboutResolutions - 2008.10.02 - 10486MISCELLANEOUS RESOLUTION #08192 September 18, 2008
BY; General Government Committee Christine Long
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY — INTERLOCAL AGREEMENT
BETWEEN OAKLAND COUNTY AND LYON TOWNSHIP FOR THE FIRE RECORDS
MANAGEMENT SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen
WHEREAS the Oakland County Board of Commissioners approved the acquisition of the
Fire Records Management System in Miscellaneous Resolution #99309; and
WHEREAS the purpose of the Fire Records Management System is to capture and
create fire records from the inception of a 9-1-1 call, to inoude the additional computer-aided
dispatch information, and complete the recording in a standard records management system,
promoting communication and the sharing of fire records among the municipalities that
participate; and
WHEREAS the Department of Information Technology, the Department of Corporation
Counsel, and the Fire Governance Committee have developed a Fire Records Management
System Interlocal Agreement setting forth the rights and obligations of the County and the
municipalities participating iri the Fire Records Management System; and
WHEREAS the Oakland County Board of Commissioners authorized the execution of the
attached Interlocal Agreement wrtn specific municipalities in Miscellaneous Resolution #02045;
and
WHEREAS Lyon Township would like to parttipate in the Fire Records Management
System.
NOW THEREFORE BE IT RESOLVED that the Oakland County Board of
Commissioners authorizes the Chairperson of the Board of Commissioners to sign the attached
Fire Records Management System Interlocal Agreement with Lyon Township.
Chairperson, on behalf of the General Government Committee, I move the adoption of
the foregoing resolution.
GENERAL GOVERNMENT COMMITTEE
Ow-4,m, a Lif.c
GENERAL GOVERNMENT COMMITTEE VOTE:
Motion carried unanimously on a ro I call vote with Potter, Jacobsen and Greimel absent.
FIRE RECORDS MANAGEMENT AGREEMENT
BETWEEN
OAKLAND COUNTY
AND
LYON TWP FIRE DEPARTMENT
This Agreement ("the Agreement") is made between Oakland County, a Constitutional
and Municipal Corporation, 1200 North Telegraph, Pontiac, Michigan 48341 ("County"),
and the Lyon Tvvp Fire department, 58800 Grand River Road, New Hudson, MI
48165, ("CVT"). In this Agreement the County and the CVT may also be referred to
individually as "Party" or lointly as "Parties."
PURPOSE OV AGREEMENT. Pursuant to the Urban Cooperation Act of 1967, 1967
PA 7, lvICL 124.501 et seg., the County and the CVT enter into this Agreement for the
purpose of providing the CVT with access and connectivity to the Fire Records
Management System CFRNIS"). PRMS is intended to capture and create fire records
from their inception at a 9-1-1 call and continuing the record to include the computer
aided dispatch information resulting with a standard records management system. FRMS
promotes communication and sharing of fire records among the entities that partieipate.
The entities that participate in PRMS will enjoy the benefits of a single system, common
standards, and costs shared through a cooperative relationship with the County. This
Agreement is intended to delineate the relationship and responsibilities between the
County and the CVTs regarding RMS.
In consideration of the mutual promises, obligations, representations, and assurances in
this Agreement, the Parties agree to the following:
1. ENTITIES PEREQRMING UNDER THIS AGREEMENT. Al! County services
and obligations set forth in this Agreement shall be provided through the County's
Department of Information Technology. All CVT's services and obligations set forth
in this Agreement shall be performed by Lyon Twp Fire Department. The Fire
Governance Committee will provide direction, counse:, and recommendations
concerning the operation of FRIV1S.
DEFINITIONS. The following words and expressions used throughout this
Agreement, whether used in the singular or plui-a], within or without quotation marks,
or possessive or nonpossessive., shall be defined, read, and interpreted as follows.
2.1. ARreement means the terms and conditions of this Agree.ment, the Exhibits
attached hereto, and an other mutually agreed o written and executed
modification, amendment, addendum, or change order.
Tina! Phase 2 20080715 - Lyon Two
2.3.
Claim means any alleged loss, claim. comp!aint, demand for relief or
damages, cause of action, proceeding, judgment, deficiency, liability, penalty,
fine, litigation, costs, and/or expenses, including, but not limited to,
reimbursement for reasonable attorney fees, witness fees, court costs,
investigation expenses, litigation expenses, and amounts paid in settlement,
which are imposed on, inctuTed by, or asserted against the County, its
employees or agents, whether such Claim is brought in law or equity, tort,
contract, or otherwise.
County means Oakland County, a Municipal and Constitutional Corporation
including, but no limited to, all of its departments, divisions, the County
Board of Commissioners, elected and appointed officials, directors, board
members, councL members, commissioners, authorities ; committees ;
employees, agents, volunteers, and/or any such persons' successors.
2.4. Dav means any calendar day beginning at 12:00 a.m. and ending at 11:59 p.m.
2.5. Local System Administrator means a person employed by the CVT and
designated by the head of the Lyon Twp Fire Department) to perform duties
related to FRMS and act as a liaison between the CVT and the County.
2.6_ Fire Governance COMmittee ("FGC") nleans a committee comprised of
representatives from six fire departments, appointed by the Oakland County
Fire Chiefs' Organization that shall provide direction, counsel, and
recommendations concerning the operation of the Fire Records Management
System.
2.7, Fire: Records Management System ("FRNIS") captures and creates fire
records from their inception at a 9-1-1 call and continues the record to include
the computer aided dispatch information resulting with a standard records
management system. FRMS promotes communication and sharing of fire
records among the entities that participate.
Oakland County MAN/WAN ("OAKNET") means the Metropolitan Area
Network/Wide Area Network called 0Alcti -ET which is operated by the
County. The OAKNET links the CVT and the County allowing each to input
and access FR1v1S Data. OAKNET also provides the CVT with access to
external state and federal justice agencies.
2,9. City, Village, Township ("CVT") means the Lyon Twp Fire Department, a
Municipal and Constitutional. Corporation inciuding, but not limited to, its
Council, Board, any and all of its departmenni, its divisions, elected and
appointed officials, directors, board members, council members,
commissioners, authorities, committees, employees, agents, subcontractors.
volunteers, and/or any such persons' successors.
3. AGREEMENT EXHIBITS. The Exhibits listed below an their properly
promulgated amendments Lre incorporated and are par: of this Agreement.
Final Phase 2 20080715 - A.v.reement Hr FD.C10:.
3.1. Exhibit A. Monthly fees for FRMS connectivity. If applicabki
4. COUNTY RESPONSIBILITIES. Subject to the terms and conditions contained in
• this Agreement, and applicable nhanges in law, the County shall can .y out the
following:
4.1. The County shall provide. FIIMS to the .VT and shall install one personal
computer that contains ;icensed, pre-loaded application software, and shall
install one printer at each participating CVT Ere station. The County shall
determine the type and the features of the personal computer and printer
suppiied to the CVT by the County.
4.2. The County shall se its best efforts to address failures of the FRIVIS 24 hours
a day, 7 days a week failures include problems with the FRMS server,
software and network.
4..3. The County shall use ts best efforts to address problems with the County
provided persona computer and printer and to respond to problems
concerning non-critical application software (not critical to the delivery of
public safety services) by the next business day, after the County is contacted
and made aware of such problems. The CVT can designate one of the County
provided personal computers as a high availability record management
workstation which shall have a software load installed and maintained by the
County. The County and CVT shall mutually agree upon the location of such
workstation. This designated high availability workstation has a direct
connection into the County's Network and is maintained 24 hours a day, 7
days a week.
4.4. FRMS failures on workstations that are integrated into the CVT Local Area
Network must he reported to the Local System Administrator and CVT
technical support must make a good faith effort to diagnose such failures
before the County is contacted. In the event the County's assistance is
needed, the CVT technical support must be available to assist the County to
resolve such failure.
4.5. The County shall provide the means for the CVT to be connected to FRMS.
The CVT shall pay for the FRMS connection according to Section 7, in
addition to the annual participation fees in SeLnion 7.
4.6. The CVT ackno wlednes that a third party though written contract will
provide the FRMS connection and the technical support for such connection.
The contract will be fov a term of three years \\:'.th an option to extend the
contract for two 24 month terms. By signing a three-year contract, the County
was able to significantly reduce the costs for FRMS connectivity and waive al!
installation fees surround Inc FRMS connectivi:y.
4.7. The County shall provic:e training to the CVT and the Local System
Administrator(s) com:errtimz FRMS.
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4.8. The County shall monitor and audit the CVT's compliance with FRMS
security requirements set forth by the MC, when the requirements are
promulgated by the FGC. The County may conduct on-site data audits and/or
inspections at the CVT to monitor such comp.iance. The monitoring and
auditing of FRMS and OAKNET shall be performed periodically at the
discretion of the County ; observing CVT policies regarding on-site visit
coordination and scheduling.
4.9. If the County receives a Freedom of Information Act ("FOIA) request
regarding information that the CVT entered into FRMS, the CVT will he
contacted as soon as possible and the FOIA request will be sent to Oakland
County Corporation Counsel. The CVT will be forwarded a copy of the FO1A
request and the County's response as soon as possible. The County may
disseminate any data contained on FRMS to any third party, unless prohibited
by law.
4.10. With respect to the perforinance of this Agreement, the County has the
authority to prioritize its resources, including but not limited to, employees,
agents, subcontractors, and equipment and determine when services will be
provided.
5. CVT RESPONSIBILITIES.
5,i. The head of the CVT shall designate at least one person to act as the Local
System Administrator for FRMS. The Local System Administrator will act as
a liaison between the CVT and the County and wil: be the first point of
contact for the CVT regarding FRMS. The ACminis+lator's duties shall
include, but not be 1:mited to, the following: (1) identifying FRMS training
needs; (2) scheduling FRMS training; (3) FR,MS application training; (4)
monitoring use of FRMS applications with respect to security issues; (5) act as
a point of contact OT facilitator for security audits conducted by the County:
and (6) assist in tip...7 implementation of new programs.
5.2. The CVT shall participate in FRMS train:ng when requested and provided by
the County, The CVT shall pay for all costs associated with training not
provided by the County. The Local System Administrator shall receive
reasonable advanced notice of the FRMS training.
5.3. The CVT shall fu:ly cooperate with the Cowry concerning the County's
services under this Agreement.
5.4, The CVI may disseminate data that it entered into RIMS to any third party,
unless prohibited by law.
5.5. The CVT is solely responsible for entering data into FR1v1S for its jurisdiction,
5.6. The CVT shall soeiy ensure that the data er,ered into FRMS is accurate and
complete. Accurate and complete means that the data does not contain
Finoi Phase 2 200O7If - Arin...ement
erroneous information, and/or that the CVT shall in -unediately cotTect
erroneous information upon discovery of any error. To ensure accurate and
complete data, the CVT shall conduct regular and systematic audits to
minimize the possibility of recording and storing inaccurate or incomplete
data. The CVT shall correct or purge inaccurate or incomplete data.
5.7. Except as provided in the Agreement, the UT shall be solely responsible for
the costs associated with the personal computer and printer operation, not
supplied by the County, at its fire station(s), including but not limited to,
personnel, equipment, power, and supplies.
5.8. The MIT shall provide the County access to its facilities for periodic
inspection and service of FRIVIS, observing CVT policies regarding on-site
visit coordination and scheduling.
5.9. After the initial installation of the equipment provided under this Agreement,
the CVT shall be responsible for all costs associated with moving such
equipment. The CVT shall be responsible for all costs associated with
changing, modifying, or moving FRMS connectivity_ This section shall not
apply'if the County requests that the CVT move equipment provided under
this Agreement or requests that the CVT change, modify, or move FRMS
connectivity,
6. FIRE GOVERNANCE COMMITTEE RESPONSIBILITIES
6.1. The FGC shall providc direction, counsel and recommendations concerning
the operation of FRMS.
7. FINANCIAL RESPONSIBLITIES.
7.1. FRNIS Annual Participation Fees. In addition to any FRMS connectivity
fees in section 7.2, the CVT shall pay annual participation fees and a one-tin -le
start-up fee (S3,500.D0) to the County for participation in FRMS. In 2007 the
annual lees are: (I) 53,966.00 annually which includes one fire station: and
(2) $340.00 annually for each additional fire station. See attached list for
annual fee structure.
7.2. Costs for FRMS Connectivity. The CVT shL:11 connect to FRMS by one of
the three following methods:
7.2.1. If the CVT elects to provide its own conne ,.:t:vity to FRMS, then it shall
incur no costs for such connectivity, The CVT shall still be responsible
for the annual participation fees set fert in Section 7,1.
7.2.2. If the CVT elect5 to have the County provide the means to connect
directly with OAKNET for FRMS connectvity. the CVT will not have to
pay for FR.MS connectiv;:y. This option do not allow a CVT and/or its
fire stations- to connect hack to any CVT apHication servers.
Fi n& Phase 2 200,(3072: - AL!,reernent Lyon Twp FD.co,2
7.2.3. If the CVT elects to have the County provide the means to connect to its
local area network before connecting with the OAKNET for FR_MS
connectivity, the CVT shall pay the County the following:
7.2.3.1. The CVT shall pay no monthly fee for RIMS connectivity within
the nrst year after execution of this Agreement.
7.2.3.2. The CVT shall pay 25 percent of the monthly tee attributable to it
for FRMS connectivity within the second year after execution of
thts Agreement. The monthly fees are set forth in Exhibit A.
7.13,3. The CVT shall pay 50 percent of the monthly fee attributable to it
for FRms connectivity within the third year after execution of this
Agreement. The monthly fees are set forth in Exhibit A.
7.2.3.4. The CVT shall pay 75 percent of the monthly fee attributable to it
for FRIVIS connectivity within the fourth year after execution of
this Agreement. The monthly fees are set forth in Exhibit A.
7.2.3.5. The. CV1 . shall pay the entire monthly fee attributable to it for
FRMS connectivity within the fifth year after execution of this
Agreement. The monthly fees are set forth in Exhibit A.
7.2.4 The CVT elects to connect to FRIvIS as set forth in 7.2.2.
7.3. The CVT may switch the method by which it connects to FRMS, If the CVT
switches the method by which it connects to FRMS, it shall be responsible for
any applicable termination fees contained in Section 10 and any applicable
costs for FRMS connectivity in Section 7.2.
7.4. The County shall submit a quarterly invoice to the CVT in a manner .
proscribed by the County itemizing all amounts due under this Agreement.
The CVT shall pay the invoice submitted to the County thirty (30) days after
receipt of the invoice.
7.5. Except as provided in this Agreement, the County or CVT is net responsible
for any cost. fee, fine or pcnalty incurred by the other party in connection with
this Agreement.
7.6. CVT Failure to Pay
7.61 To the maximum extent provided by law, should the CVT fail, for any
reason. to timely pay the County the amounts required under this
Agreement, u -,-,on notice from the Oakland County Treasurer to the
Treasurer of the State of Michigan for any other State of Michigan official
authorized to disburse funds to the CVT). the State of Miehig.an is
authorized to withhold any funds due the CVT from the State, and assign
6 Final Phase 2 20007 ALr."eernem _von 7:,.,,,n7-T.2i.acc.
those funds to partially or eornpletey offset any deficiency by the CVT to
the County.
7.6.2, To the maximum extent provided by law, should the CVT fail for any
reason to timely pay the County the amounts required under this
Agreement, the County Treasurer shall be entitled to set-off and retain any
amounts due the CVT from Delinquent Tax Revolving Fund CDTRF") or
any other source of funds due the c.v."- in the possession of the County, to
partially or completely offset any deficiency by the CVT under this
Agreement, uniess express)), prohibited by law,
7.6.3. Neither of these provisions shall operate to limit in any way the County's
right to pursue any other legal remedies against the CVT for the
reimbursement of amounts due the County under this Agreement. The
remedies in this paragraph are available to the County on an ongoing and
successive basis, as the CVT becomes delinquent in its payments.
8. DURATION OF INTERLOCAL AGREEMENT.
8.1, The Agreement and any amendments hereto shall be effective when executed
by both Parties with concurrent resolutions passed by the governing bodies of
each Party and when the Agreement is filed according to MCL 124.510. The
approval and terms of this Agreement and any amendments hereto shall be
entered in the official minutes of the governing bodies of each Party.
8.2, This Agreement shall remain in effect until (=celled or terminated by either
Party pursuant to Section 10.
ASSURANCES.
9,1. Each Party shall be responsible for its own acts and the acts of its employees,
and agents, the costs associated with those acts, and the defense of those acts.
9.2. The County is not responsible for any Claims arising directly or indirectly
from inaccurate or incomplete entry of information into FRMS by the CVT,
its employees, or its agents.
9.3. The County is not responsible for any Claims arising directly or indirectly
from misuse of FRMS by the CVT, its employees, or its agents.
94, Neither the County nor cv -r shall be liable for any consequential, incidental.
indirect, or special damages in connection with this Agreement.
Final Phase 2 2008071 -; A.,,reennent. Lyon TWPFD
10. TERMINATION OR CANCELLATI ON .
10.1. Either Party may terminate or cancel this Agreement for any reason upon
thirty (30) days notice. The effective date for termination or cancellation shall
be clearly stated in the notice.
10.2. Upon termination and/or cancellation of this Agreement, the CVT has the
right to receive t copy data it entered into VRIVIS.
10.3. If the CVT connects to FIZNIS pursuant to 7.2.2 or 7.2.3 and if the CVT
terminates and/or cancels this Agreement for any reason, except breach ;
within three years after execution of this Agreement, the CVT wiH
responsible for 70% of the monthly fees contained in Exhibit A for ERMS
connectivity. The CVT shall not pay any such fees if this Agreement is
terminated and,/or cancelled three years after execution of this Agreement.
10.4. Except as provided in this Agreement, the Parties shall not be obligated to pay
a cancellation or termination fee, if this Agreement is cancelled or terminated
as provided herein.
U . SUSPENSION OF SERVICES. Upon notice to the CVT and the FGC, the County
may imrriediately suspend this Agreement or the CVT's participation in FRMS. if the
CVT has failed to reasonabiy comply, within the County's discretion, with federal,
state, or local law, or any requirements contained in ±is Agreement. Upon notice to
the CVT and the TGC, the County may immediately disconnect any device that, within
the County's discretion, represents a possible security tlseat, performance impact, or
inappropriate usage of the County network or its resources. The right to suspend
services is in addition to the right to terminate or cancel this Agreement contained in
Section 10. The County shall not incur penalty, expense, or liability if services are
suspended under this Section.
2, NO THIRD PARTY BENEFICIARIES, Except 1.4 provided for the benefit of the
Parties, this Agreement does not and is not intended to create any obligation, duty,
promise, contractual right or benefit, right to indernnificatio:, right to subrogation,
and/or any other right, in favor of any other person or entity.
13. COMPLIANCE WITH LAWS. Each Party shall comply with all federal, state, and
local statutes, ordinance. regulations, administrative rules, requirements applicable to
its activities performed under this Agreement, and all applicable hardware and
scftvvare licenses relating this Agreement.
14. DISCRIMINATION. The Parties shah not discriminate against their employees,
agents, applicants for emplo -yment, or another persons or entities with respect to hire,
tenure, terms, conditions. and privileges of employment, or any matter directly or
indirectly related to employment in violation of any fcdera;, state or local law,
15. PERMITS AND LICENSES. Each Party shall be responsible for obtaining and
maintaining, throughout the terra of this Agreement. all licenses, permits, certificates,
Final Phase 2 2008671:7 - RivIS i-,,,,reernent Lyon 'w FDdo.
and governmental authorizations necessary to perform all its obligations under this
Agreement. Upon request, a Party shall furnish copies of any permit, license,
certificate or governmental authorization to the requesting Party,
16. RESERVATION OF RIGIITS. This Agreement does not, and is not intended to
impair, divest; delegate, or contravene any constitutional, statutory, and/or other legal
right, privilege, power, obligation, duty, or immunity of the Parties.
17. FORCE MAJEURE. Each Party shall be excused from any obligations under this
Agreerrient during the time and to the extent that a Party is prevented from
performing due to causes beyond such Party's control, including, but not limited to,
an act of God, war, acts of government (other than the Parties'), fire, strike, labor
disputes, civil disturbances, reduction of power source, or any other circumstances
beyond the reasonable control of the affected Party. Reasonable notice shall be given
to the affected Party of any such event.
18. IN-KIND SERVICES. This Agreement does not authorize any in-kind services,
unless previously agreed to by the Parties and specifically listed herein.
19. DELEGATION/SUBCONTRACT/ASSIGV[NT. The CVT shall not delegate,
subcontract, and/or assign any obligations or rights under this Agreement without the
prior written consent of the County.
20. NO IMPLIED WAIVER. Absent a written waiver, no act, failure, or delay by a
Patty to pursue or enforce any rights or remedies under this Agreement shall
constitute a waiver of those rights with regard to any existing or subsequent breach of
this Agreement. No waiver of any term, condition, 07 provision of this Agreement,
whether by conduct or otherwise, in one or more instances, shall be deemed or
construed as a continuing waiver of any term, condition, or provision of this
Agreement. No waiver by either Party shall subsequently effect its right to require
strict performance of this Agreement.
21. SEVERABILITY. If a court of competent jurisdiction finds a term, or condition, of
this Agreement to be illegal or invalid, then the term, or condition, shall be deemed
severed from this Agreement. All other terms, conditions, and provisions of this
Agreement shall remain in full force,
22. CAPTIONS. The section and subsection numbers, captions, and any index to such
sections and subsections contained in this Agreement are intended for the
convenience of the reader and are riot intended to have any substantive meaning. Thc
numbers, captions, and indexes shall not be interpreted or be considered as part of this
Agreement. Any use of the singular or plural number, any reference to the male,
female, or neuter genders. and any possessive or nonpossessive use in this Agreement
shall be deemed the appropriate plurality, gender or possession as the context
requires.
23. NOTICES. Notices given under this Agreement shall be in writing and shall be
personally delivered, sent by expeess delivery service, certified mail, or first class
Final Phase 2 2008071 -7 - FP leETreement Lyon Twe Fp.doe
U.S. rnail postage prepaid, and addressed to the person listed below. Notice will be
deemed given on the date when one of the following first occur: (1) the date of actual
receipt; (2) the next business day when notice is sent express delivery service or
personal delivery; or (3) three days after mailing first class or certified U.S. mail.
23.1. If Notice is set to the County, it shall be addressed and sent to: Oakland
County Department of Information Technology, Manager of CLEivIIS
Division, 1200 North Telegraph Road, Building 4449 West, Pontiac, Michigan,
4834: and Chairperson of the Oakland County Board of Commissioners, 1200
North Telegraph, Pontiac, Michigan 48341.
23.2. If Notice is sent to the CVT, it shall be addressed to:
4 {Lyo
AHn:Fire. C-11;fi A
5150 0 (let_ R.1 ver
AftC It(-‘15 c n( Mi. 4115
23.3. Either Party may change the address and/or individual to which Notice is
by notifying the other Party in writing of the enarige.
24. GOVERNING LAW/CONSENT TO JURISDICTION ANT) VENT I This
Agreement shall be governed, interpreted, and enforced by the laws of the State of
Michigan. Except as otherwise required by law or court rule, any action brought to
enforce, interpret, or decide any Claim arising under or related to this Agreement
shall be brought in the 6th Judicial Circuit Court of the State of Michigan, the 50th
District Court of the State of Michigan, or the United States District Court for the
Eastern District of Michigan_ Southern Division, as dictated by the applicable
jurisdiction of the court. Except as otherwise required by law or court nilc, venue is
proper in the courts set forth above.
25. AGREEMENT MODIFICATIONS OR AMEN'DMENT5. Any modifications,
amendments, recessions, waivers, or releases to this Agreement must be in writing
and agreed to by both Parties. Unless otherwise agreed, the modification,
amendment, recession, waiver, or release shall be sired by the sarne persons who
signed the Agreement or other persons as authorized by the Parties' governing body.
26. ENTIRE AGREEMENT. This Agreement represents the entire Agreement and
understanding between the Parties. This Agreement supercedes all other oral or
written Agreements between the Parties. The language of this Agreement shall be
construed as a whole according to its fair meaning, and net construed strictly for or
against any Party.
The Parties have taken all actions and secured all approvElls necessary to authorize and
complete this Agreement. The persons signing this Agreement on behalf of each Party
have legal authority to sign this Agreement and bind the Parties to the terms and
conditions contained herein.
sent
10 Final Phase 2 20080715 - MeS A:ere:fn.-lent voe TvvpFLeer
DATE:
IN WITNESS WHEREOF, L4 yc ccfrtj hefe5v acicnowiedges that he has been
authorized by a resolution of theetal-te.y wpef 'Llecra certified copy of which is
attached, to execute this Agreement on behalf of the CVT and hereby accepts and binds
the CVT to the terms and conditions of this Agreement.
EXECUTED: ;17, DATE: - - or
WITNESSED: i'-`4.-yruz,ts
IN WITNESS WHEREOF ; Bill Bullard, Jr., Chairperson, Oakland County Board of
Commissioners, hereby acknowledges that he has been authorized by a resolution of the
Oakland County Board of Commissioners, a certified copy of which is attached, to
execute this Agreement on behlf of the Oakland County, and hereby accepts and binds
the Oakland County to the terms and conditions of this Agreement.
EXECUTED: DATE:
Bill Bullard, Jr., Chairperson
Oakland County Board of Commissioners.
WITNESSED: DATE:
Ruth Johnson, Clerk, Register of Deeds
County of Oakland
11 Final Phase 2 20080715 - F7,11vIS Agreement Lyzi:.: Tv. Fac:oo
RESOLUTION 09-08
CHARTER TOWNSHIP OF LYON
RESOLUTION APPROVING FIRE RECORDS
MANAGEMENT AGREEMENT BETWEEN
OAKLAND COUNTY AND LYON TOWNSHIP FIRE DEPARTMENT
At a regular meeting of the Charter Township of Lyon Board of Trustees,
Oakland County, Michigan (the "Board") held on the 6th day of August, 2008 at
7:00 p.m.,
PRESENT: Supervisor Young, Clerk Joi stee Cash .
Treasurer Carcone, Trustee Roberts, Trustee Hemkel•
ABSENT: None
The following preamble and resolution was offered by Trustee Cash and
supported by Trustee Roberts,
WHEREAS, the Lyon Township Fire Chief, Ronald McClain, has been in
discussions with Oakland County regarding the proposed Fire Records
Management Agreement, anc on this date Chief McClain informed the Charter
Township of Lyon Board of Trustees of the benefits cf entering into such an
Agreement as well as the costs of entering into such an Agreement and as Chief
McClain answered al! pertinent questions posed by members of the Charter
Township of Lyon Board of Trustees;
NOW, THEREFORE, BE 17 RESOLVED by tie Charte: Township of l_yon
Board of Trustees as follows:
1. That the Charter Township of Lyon Board of Trustees hereby
approves the Fire Records Management Agreement between Oakland County
and the Lyon Township Fire Department; and
2. Lyon Townsh:p Flre Chief Ronald McClain is hereby authorized to
execute this Agreement on behalf of the Lyon Township Fire Department, which
Resolution sha ill be attached t the Agreement
VOTED FOR: Hemker. Young. Carcone, Cash, Johnson. Hicks. Roberts
VOTED AGAINST: None
ABSTAINED: None
RESOLUTION DECLARED ADOPTED
I hereby udifld that till.: foregoing is a true and complete copy of the Resolution
adopted by the Townsh!p Board of the Charter Township of Lyon, Oakland
County, Michigan, at a regular meeting of the Board held on August 6, 2008.
Dated: August 6, 2008
Pamela
Township Clerk
Resolution #08192 September 18, 2008
The Chairperson referred the resolution to the Finance Committee. There were no objections.
FISCAL NOTE (MISC. #08192) October 2, 2008
BY: FINANCE COMMITTEE, MIKE ROGERS, CHAIRPERSON
IN RE: DEPARTMENT OF INFORMATION TECHNOLOGY - INTERLOCAL AGREEMENT
BETWEEN OAKLAND COUNTY AND LYON TOWNSHIP FOR THE FIRE RECORDS
MANAGEMENT SYSTEM
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
Pursuant to Rule XII-C of this Board, the Finance Committee has reviewed the above-referenced
resolution and finds:
1. The Fire Governance Committee (FCC) approved a participation fee increase for the
local municipalities in their January 11, 2006 meeting.
2. Lyon Township (as a department that chose not to stay in the initial phase of the
project) will be responsible for the following initial start-up fee and annual fees
beginning January 1, 2009 (prorating 9 months access for FY 2009) listed below:
-$3,500 start-up fee
-$4,085 annual department fee
-$ 350 annual fire station fee ($350 for each fire station beyond the first)
3. The addition of Lyon Township will require the purchase of computer equipment at a
cost of $2,416 and two additional software licenses and annual maintenance at a
cost of $6,708.
4. Funding has been included in the FY 2009 Fire Records Management Fund (#53100)
for the computer equipment, the two additional software licenses and annual
maintenance
5. Funding is available in the General Fund Designated Fund Balance account to cover
the software license and maintenance purchase.
6. An amendment to the FY 2009 Adopted Budget is recommended as specified below:
GENERAL FUND (#10100) FY 2009
Revenues
9090101-152130-665885 Planned Use of Fund Balance $ 6,708
Expenditures
9090101-152010-788001-63600 Transfer Out to FRMS $ 6,708
Total General Fund Exp $ 0
FIRE RECORDS MANAGEMENT FUND (#53100)
Revenues
1080325-1151 00-695500-1 0100 Transfer in from Gen Fund
1080625-115100-631442 Outside Agencies
Total Revenues
Expenditures
1080325-115100-731773 Software Purchases
1080325-115100-731780 Software Maintenance
Total Expenditures
FRMS Fund — Estimate Change in Fund Equity
$ 6,708
6,826
$13,534
$ 5,700
j008
$ 6,708
$ 6,826
FINANCE COMMITTEE
FINANCE COMMITTEE
Motion carried unanimously on a roll call vote with Rogers absent.
Resolution #08192 October 2, 2008
Moved by Rogers supported by Gershenson the resolutions with fiscal notes attached) on the Consent
Agenda be adopted (with accompanying reports being accepted).
AYES: Burns, Coulter, Crawford, Gershenson, Gingell, Gosselin, Gregory, Greimel, Hatchett,
Jacobsen. KowaII, Long, Middleton, Nash, Potter, Potts, Rogers, Scott, Spector, Woodward,
Zack, Bullard. (22)
NAYS: None. (0)
A sufficient majority having voted in favor, the resolutions (with fiscal notes attached) on the Consent
Agenda were adopted (with accompanying reports being accepted).
HEREBY APPROVE ThritREGOING RESOLUTION
ACTING PURSUANT TO 1973 PA 139
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
1, Ruth Johnson, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true
and accurate copy of a resolution adopted by the Oakland County Board of Commissioners on October
2, 2008, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the County of Oakland at
Pontiac, Michigan this 2nd day of October, 2008.
eat
Ruth Johnson, County Clerk